RPWD ACT 2016 (Syllabus GS Paper 2 – Vulnerable Sections)

Context: The Union government released draft amendments to the Rules of the Rights of Persons with Disabilities Act (RPwD Act) of 2016, aiming to tighten the requirements for obtaining a disability certificate.

Rights of Persons with Disabilities Act (RPwD Act) of 2016

• About: The Act implemented the United Nations Convention on the Rights of Persons with Disabilities, adopted in 2006 and ratified by India in 2007.
• Replacing the Previous Legislation: The 2016 Act superseded the Persons with Disabilities Act of 1995, initiating significant changes in disability rights legislation.
• Mandates for Accessibility: The Act mandated the central government to establish guidelines and standards for public buildings to ensure accessibility for persons with disabilities, with provisions for periodic review and updates.
• Reservation for PwDs:

oNot less than 5% reservation in Government/Government aided higher educational institutions.

oNot less than 4% reservation in Government jobs.

oReservation exemptions for certain police forces.

• Free Education Provision: Every child with benchmark disability between the age of 6 to 18 years entitled to free education.
• Recognition of Disabilities: 21 types of disabilities recognized, including intellectual disability, acid attack victims, etc.

Draft of Amendments

• Published by: Ministry of Social Justice and Empowerment.
• The amended Rules will require people with disabilities to mandatorily submit proof of identity, a photo not older than 6 months, and an Aadhaar card. 
• Medical Authority: The draft amendments propose that only medical authorities be considered competent to receive and process applications for disability certificates, further suggesting that the time taken to process each application should be increased from 1 to 3 months.  
• The government proposes to standardise the requirements to apply for a disability certificate and a UDID card. 
• In subsequent amendments, the government has proposed that the applications can only be received by “a medical authority or any other notified competent medical authority” as opposed to “a medical authority or any other notified competent authority”.